Do it Yourself Premarital Agreements

A premarital agreement is a cautionary document between couples about to be married.

A premarital or prenuptial agreement is a binding document between two people about to enter marriage that details the financial ownership, responsibilities, expectations and obligations of the parties involved. A premarital agreement can be drafted to avoid legal battles and disputes after a divorce or to protect assets set aside for children from another marriage in the event of death. With a little bit of research, careful wording and cooperation, a premarital agreement can be written at home without a lawyer.

Things You'll Need

• Template

Instructions

1. Get on the computer and perform research long before the wedding date. If a prenuptial agreement is signed after wedding invitations are given out, then the document may be void. Research your state's laws by visiting your state's bar association website.

2. Decide whether to buy a template. Books and online templates are available for purchase to aid you with the prenuptial agreement in your state.

3. Sit down with your partner, make a list of each partner's assets and discuss the financial responsibilities of each partner. Come up with a clear idea of what each partner wants and reach a reasonable agreement. If the agreement is too complex or heavily favors one party, the document may be declared void in court.

4. Carefully and clearly write out the agreement. Use simple and plain language to avoid misunderstandings.

5. Get two witnesses to understand that the document is a mutual agreement and have them sign it in front of a notary. This will dispel any notion of coercion and support the document in a legal proceeding as a binding mutual agreement. The notary will put a time stamp on the document and give the document legal credibility.

6. Have each of the partners keep a copy of the premarital agreement in case of divorce or death. It is a good idea to give a sealed copy of the document to a trusted friend who can act as an executor of the agreement. In case of incapacitation or death, the executor can come forward to resolve any disputes.

References

• NOLO Law for All; Prenuptial Agreements -- An Overview
• I Do! Take Two; Prenuptial Agreements
• Rocket Lawyer; Requirements for a Valid Prenuptial Agreement

Resources

• NOLO Law for All; Prenuptial Agreements Template